Master Alliance Provisions Guide (MAPGuide)

Lambert Agreement D

  • IP ownership & licensing | Ownership of results

§4.3:

The Party which creates or generates any Result will own the Intellectual Property Rights in that Result and, subject to its obligations under clause 4.9.4, [will take, after consultation with the Steering Committee, such steps as may be necessary] OR [may take such steps as it may decide] from time to time, at its expense, to register and maintain any protection for those Intellectual Property Rights, including filing and prosecuting patent applications for those Results, and taking any action in respect of any alleged or actual infringement of those Intellectual Property Rights.

§4.4: Joint Ownership

Where any Result is created or generated by two or more Parties jointly and it is impossible to distinguish each Party’s intellectual contribution to the creation of the Intellectual Property Rights in that Result, the Intellectual Property Rights in that Result will be co-owned by those Parties as tenants in common in equal shares. The co-owners may take such steps as they may decide from time to time, at their joint and equal expense, to register and maintain any protection for those Intellectual Property Rights, including filing and prosecuting patent applications, and taking any action in respect of any alleged or actual infringement of those Intellectual Property Rights. If one or more of the co-owners does not wish to take any such step or action, the other co-owner(s) may do so at their expense, and the co-owner(s) not wishing to take such steps or action will provide, at the expense of the co-owner making the request, any assistance that is reasonably requested of it.

§1.1: Definition of Result

All information, data, techniques, Know-how, results, inventions, discoveries, software and materials (regardless of the form or medium in which they are disclosed or stored) identified or first reduced to practice or writing in the course of the Project, and any Intellectual Property arising from any of the above.